shanecroughan

Hello all,

First off, thank you for taking the time to read this, as it is my first time posting here. So, I apologize if I've posted in the wrong area. I just can't seem to find the clear answers from the research I've done.

Okay, so to start; I am currently a U.S. Citizen by birth, my mother was an immigrant from Guatemala (but is now a citizen in the U.S.), and my father was born in England. They were married at the time of my birth.

When I was an infant, I traveled to England with my father and obtained the "Certificate of Entitlement to the Right of Abode" in my very first U.S. passport, which I still have in my possession. I am now 28 years of age, so that passport has long expired, and I have a new and Valid U.S. passport that I does NOT have the Certificate of Entitlement. I want to move to England to live, work, and study. I currently have family there still which I would love to visit and stay with as well.

In my quest to find answers about citizenship and such, I've been told that my plans to obtain citizenship in the U.K. would prove to be difficult without my fathers help (e.g., obtaining a copy of his birth certificate). Unfortunately, I do not speak to my father very often, even though he lives here in the U.S.. So it would be very difficult for me to obtain any documentation from him; I've already tried. Although, from what I've read, it seems that I am already considered a British Citizen; please correct me if I'm wrong.

That being said, I would just like some clarification on where I should start. As well as -

Am I already considered a British Citizen by descent? and if so, where do I go from here?

Will the Certificate of entitlement in my very first passport, along with my birth certificate showing my fathers name, be proof enough to apply for anything?

Can I just buy a plane ticket, stay with my family and apply for my British passport while I'm in England?

I plan on visiting the British Consulate here in Los Angeles to inquire about my situation, but I'm hoping I can find the answers on here as well. Thank you in advance for all the help everyone!

Vadio

Start by reading this:

https://www.gov.uk/register-british-citizen

It will likely answer most, if not all of your questions.

shanecroughan

Although I appreciate the response, I've already read that information. Unfortunately, none of it applies to my situation. I often run into the issue of finding information that kind of applies to me but doesn't have all of the information I need. I have lots of pieces to a puzzle that don't quite seem to wanna come together completely.

BritInParis

If your father is a British citizen born in the UK and he was married to your wife at the time of your birth then in all likelihood you are already a British citizen by descent. You only need to apply for your British passport.

https://www.gov.uk/overseas-passports


Generally speaking you will need your 'long form' US birth certificate, your father's full British birth certificate and your parents' marriage certificate. If you are not in contact with your father then providing you have his details you can simply order a new copy from the GRO in the UK for a small fee.

http://www.gro.gov.uk

You may also wish to consider registering your birth with the British Embassy in Washington DC. This will give you a British consular birth certificate indicating your claim to British citizenship. Unlike a passport this will not expire and like a British birth certificate it is easily replaceable for a small fee from the GRO. It will also make the process of applying for a British passport easy and quicker as your claim to British citizenship has already been assessed.

You can enter the UK on a valid US passport but you will be treated as a US citizen by the UK Border Force. If you tell the Immigration Officer your intention is to remain in the UK as a British citizen then you may be refused entry without further evidence of your claim to citizenship. As you were born in the US then it won't be obvious that your claim has merit. I would advise obtaining your British passport first.

They are unlikely to be able to help you other than to advise you to apply for a British passport which you will need to do via the UK.

JAJ

Your Right of Abode (ROA) stamp is evidence of British citizenship by descent. However, since it's expired, it's not strong evidence. However, you should keep it as it might be admissible as evidence if you could not prove your status any other way.

As someone else has said, you can (and should) apply for a British passport using your father's birth certificate and parent's marriage certificate. Are there likely to be problems getting either of these? You can easily obtain certificates from the U.K.

Also - the recommendation to get a British style birth certificate is also recommended as a way to future proof your British citizenship claim. Are you sure you don't have one already? One might have been issued when you got your Right of Abode stamp.

shanecroughan

Great advice, I think I will try this route first. I'm not sure what the difference between the 'long form' birth certificate is and the one I have, but it's a good thing I have google!
Thank you so much for your advice!

shanecroughan

The Marriage certificate might be something I can find, but my father's birth certificate would be very difficult. Although someone stated in the previous post that I could order one myself. If it is really that easy, then I shouldn't have an issue right?

As far as having the British style birth certificate, I have no idea if I have one. I was born here in the U.S. and the only birth certificate I have and know of is my U.S. copy.

How would I find out if I have one?

MrMuffin

Regarding your birth certificate... if I need a copy of one of my kids' birth certificates, I go to the town where the kids were born and apply for a copy at the city offices. The 'long form' birth certificate basically shows your name, where you were born, and lists your parents and where THEY were born. This is the critical part as I believe the 'short' version only lists their names.

You should be able to get a copy of your birth certificate yourself with proper ID etc.

As for your Father's birth certificate... you may have to dig deep and approach him to get a copy. If not then use BritinParis's advice and order one yourself.

As for applying for your passport you can get all the forms online and then when you're ready you'll send everything to the Durham offices in the UK via courier (DHL or similar). If you have everything together properly including passport pictures and counter signatures (if you need them) then you should get your shiny new British passport back within a few weeks. Good luck!!

BritInParis

There shouldn't be an issue ordering your father's birth certificate. As for any potential consular birth certificate of your own, do the same thing. Put in a request to the GRO. If they have it they will send you a copy. If not they will refund you.

A consular birth certificate will negate the need for any other of the supporting certificates as they are only issued to British citizens so it might be worth trying this first.

shanecroughan

Thank you all for all of the information. You have been very helpful. Now I have another question!

Assuming all goes well obtaining my British passport, I would really love to go to school in England. Considering I've lived in the U.S. my whole life, if I moved there next year, would I have any difficulty getting into a College/University right away? Also, would I be able to receive the same benefits (whatever they might be) as someone that has been living in England their whole life, i.e., any government help, financial aid (if that is offered), etc..

I am a very hard worker, but getting started would be a little easier if I knew there was a system in place that could help get me on my feet.

ncoomber

I think the rule is that you have to be resident for 3yrs before you get UK fees otherwise you pay overseas rate.